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Ordinance 95-46 -- I ORDINXNCE NO. 95- 46,. ~ "'---.-' "TI XN ORDINIM~CE ,~t'IENDING O~DINXNC~ NO. 92-~1~; ' E~XTING TO THE LEVY OF ~ 2~ TOURI~ ~' f"' EVELOPMENT TAX ~tt~OUGHOUT COLLIER COUI~ ,> C~ URSUANT TO THE LOCAL OPTION TOURIS. T -7: ZVELOPME"NT ACT, SECTION 125o0104, FLORI~ ut STATUTES, PROVIDING FOR AN ADDITIONAL 1~ LE~ u, OF X TOURIST DEVELOPMENT TAX THROUGHOUT COLLIER COUNTY BEGINNING JANUARY 1, 1996 AI~rD ERMINATING DECEMBER 31, 1999~ PROVIDING FOR AMENDMENT TO SECTION THREE CONCERNING THE USE OF TAX REVENUES AND THE TOURIST DEVELOPMENT PLAN TO SET FORTH THE USES OF THE ADDITIONAL 1~ LZVY~ PROVIDING FOR CONFLICT AND SEVERABILITY~ PROVIDINQ FOR INCLUSION IN THE CODE OF LAWN ~ ORDINANCESr AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Section 125.0104, Florida Statutes provides for the lew of a local option tourist development tax by any countyl WHEREAS, the Board of County commissioners enacted Ordinance No. 92-60, which levied and imposed a tourist and development tax throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended, and to utilize previously collected tourist development taxes as authorized by Chapters 92-175 and 92-204, Laws of Florida, enacted by the lagislature at its regular aession of 1992; WHEREAS, the Board Of County Commissioners of Collier County, by an extraordinary vote, desires to to levy an additional 1% tourist development tax to fund beach renourishmentl and WHEREAS, the ~roposed amendments were presented to the Collier County Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA thats SECTION ONEX Amendment to Section Two of Collier County Ordinance No. 92-60. Section Two is hereby amended to read a~ follows: SECTION TWO= TOURIST DEVELOPMENT TAX A. There is hereby levied, imposed and set a tourist development tax throughout the geographic area of Collier - 1 - Words underlined are added$ words ~-~ are deleted. ,,,, m m County, Florida at a rate of two percent (2%) of each whole and major fraction of each dollar of the total consideration charged every person who rents, leases or lets for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, resort motel, apartment, apartment motel, rooming house, mobile home park, recreational vehicle park, or condominium for a term of six (6) months or less, as provided in Section 125.0104(3)(a), Florida Statutes, as amended, unless such person rents, leases, or lets for consideration any living quarters or accommodations which are exempt according to the provisions of Chapter 212, Florida Statutes. When receipt of consideration is by way of property other than money, the tax shall be levied and imposed on the fair market value of such non-monetary consideration. B. The tourist development tax shall be in effect until repealed by the Board or repealed by referendum pursuant to Section Ten herein and shall be in addition to any other tax imposed pursuant to Chapter 212, Florida Statutes, and in addition to all other taxes, fees and the considerations for the rental or lease. c. The tourist development tax shall be charged by the person receiving the consideration for the lease or rental, and it shall be collected from the lessee, tenant, or customer at the time of payment for the consideration for such lease or rental. ' D. Pursuant to Chapter 212, Florida Statutes, the State of Florida, Department of Revenue shall keep records showing the amount of taxes collected, which ~hall also include records disclosing the amount of taxes collected for and from each county in which the tax authorized by this act is applicable. These records shall be open for inspection during the regular office hours of the said Department of Revenue subject to the provision of Section 213.053, Florida Statutes. - 2 - Words underlined are added; words e%~uek-~h are deleted. Z. Pursuant to Section 125.0104(10), Florida Statutes, the Collier County Tax Collector shall be responsible for the collection and administration of the tax. Collections received by the Tax Collector shall be placed in the county tourist development trust fund, which shall be established by resolution of the Board of County Commissioners prior to receipt of any tax revenues collected pursuant to this ordinance. F, [~rsua~t to S~ction 125.0104 (3){dl. Florida Statutes. the Board of County Commissioners by an extraordinary vote hereby levies. sets and imposes an additional 1% tourist development tax to be collected in the same manner as the 2% tax collected pursuant to this Ordinance, SECTION TWO~ Amendment to Section Three of Collier County Ordinance No. 92-60. Section Three is hereby amended to read as follows: SECTION TriMMEt USE OF TAX REVENUES, A. The tax revenues received pursuant to this Ordinance and the tourist tax revenues previously collected from November 1990 to November 1991 pursuant to Ordinance No. 90-43 shall be used to fund the Collier County Tourist Development Plan, which is hereby adopted as follows: TOURIST DEVELOPMENT PLA~ The two percent (2%) tourist development tax shall be levied throughout Collier County beginning the first day of the second month following approval of this Ordinance by referendum. The tax distract shall include the entire geographic area of Collier County, Florida. The anticipated revenue for a two percent (2%) tourist development tax for all of Collier County over a twenty-four (24) month period is Seven Million Dollars ($7,000,000.00), less costs of administration. The additional one percent {1%] tourist development tax shall be levied throughout Collier County beainnina the first - 3 - Words underlined are added; words e~~jd~ are deleted. 8888 day of January. 1996 and termtnatin~ on December 31. 1999. The ta~ d~strlct shall include the entire aeo~r~Dhic area of Collier CountY. FloridaL 1. The categories of use of the two percent (2%) tax revenues b3F specific project or special use are hereby l~sted in the order of priority and include the approximate cost or expense allocation for a twenty-four (24) month period for each project or use as follows: CATEGORY A - To finance beach improvement, main- tenance/ renourishment, restoration and erosion control, including pass and inlet maintenance. Approximate cost Percentage of or expense allocation Net revenue $4,200,000 60% CATEGORY B - To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourtam with an emphasis on off-season visitors to Collier County. Appro~imate cost Percentage of or expense allocation Net revenue $2,800,000 40% The percentage of net revenue within Category B shall be further specifically allocated as follows: a) For tour/am advertising and direct marketing - $1,750,000 25% b) For local projects and/or activities which promote tourism - $1,050,000 15% It is the intent of this Ordinance that ~he above uses shall be funded separately, but simultaneously in the above percentages regardless of the actual amount of Net revenues collected. Upon e~Dirat~on of the additional 1% tourist development tax as described in this plan. the Touris~ DeVeloPment Council may Teeniest the Board of County Com~tssioners to review the ~undinc allocations at five year intervals. - 4 - Words UDderlined are added; words ~ are deleted. 2. The additional one percent {I%} tax revenues collected pursuant to Section Two {F~ shall be used to finance beach improvement.. mafntenance, renourishment. restoration and erosion control. ~v ~. The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds in accordance with the provisions of Section 125.0104, Florida Statutes. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions and covenants as the governing board of Collier County shall provide. This paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. ~ ~. In the event bonds are issued by Collier County for any of the purposes enumerated by the Tourist Development Plan, the amount of tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance improvements for the same purpose and which are secured by the tourist 'development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of tourist development tax receipts shall be assumed to be the amount provided as such in Collier County's immediately preceding annual audit, plus, if the levy - 5 - Words underlined are added; words et~Pu~k thro~elh are deleted. of such tax was imposed or increased subsequent to the beginning of the period which was audited, an amount equal to the estimate by the County Manager of the moneys the County would have received if the tax imposition or increase had been in effect during the entire audit period. At or prior to the issuance of bonds the County Manager shall provide a certificate as to the findings required in this paragraph, which certificate shall be conclusive as to all matters provided therein. B. The above and foregoing Tourist Development Plan may not be substantially amended except by ordinance enacted by an affirmative vote of e majority plus one additional member of the Board of County Commissioners. SECTION THREEI CONFLICT AND SEVERABILITY. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR I INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the OrdiMances may be ranumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOURx EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. - 6 - words ~are added; words eq~uek through are deleted. PASSED AND DULY ADOPTED b~ a vote of a majority plus one of the Board of County Conunissioners of Collier Coun~:y, Florida, this' ~"f~ day of ~, 1995. BO~ OF C ~ CO~ISSION~S .'... "',,.,,;~ ........',. ~ '~ .'~ ~ ' . a " Day Secre~c]ry of (j 14% ~,ffk:e t~ - 7 - Words~are added; words et-a~ek--ta~Pe~h are deleted. STATE OF FLORIDA} ~tElZ%%% COUNTY OF COLLIER) I, M~ Z. BR~, Clerk of Courts in ~d for the Ju~cial Cir~i=, Collier Co~ty, Flori~, do .here~ certify that the for~o~ng is a =~e c~ O~IN~ NO. 95-46 ' Which was adopted by the Board of County Commissioners on =he 5th day of September, 1995, during Regular Session, WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 11th day of September, 1995. Clerk of Courts andFeZ~rk' '.. Ex-offtcio to Board o~" County Commissto e*~ . Deputy Cler~ ',,,,,